unicom gov - special prime contract requirements for ......outside the greater washington dc...
TRANSCRIPT
![Page 1: UNICOM Gov - Special Prime Contract Requirements for ......outside the Greater Washington DC Metropolitan Area (see OMB Bulletin No. 05-02 and code 47900) will be reimbursed to the](https://reader036.vdocuments.us/reader036/viewer/2022070221/6135e2f20ad5d2067647a9b6/html5/thumbnails/1.jpg)
DHS BPA Enterprise Software Solutions Contract Mandatory Flow Downs
Contract Number: HSHQDC-11-A-00042
Use or disclosure of data contained in this page is subject to the restriction on the title page of this proposal.
Last Updated November 24, 2015 1
Special Prime Contract Requirements for
DHS BPA for Enterprise Software Solutions Prime Contract Number: HSHQDC-11-A-00042
DEFINITIONS
In all such clauses, unless the context of the clause requires otherwise, the term "Contractor" shall mean
Subcontractor, the term "Contract" shall mean this Order/Task Order, and the terms “Government”,
“Contracting Officer (CO/KO),” “Contracting Officer Representatives (COR),” “Procuring Contracting
Officer (PCO),” “Ordering Contracting Officer (OCO),” or “Order Contracting Officer's Representative”
(OCOR) and equivalent phrases shall mean UNICOM Government, respectively. It is intended that the
referenced clauses shall apply to Subcontractor in such manner as is necessary to reflect the position of
Subcontractor as a subcontractor to UNICOM Government, to identify Subcontractor's obligations to
UNICOM Government and to the United States Government, and to enable UNICOM Government to
meet its obligations under its Prime Contract or Subcontract.
The following definitions apply unless otherwise specifically stated:
"Prime Contractor" - the legal entity issuing this Order/Task Order.
"Subcontractor" - the legal entity which contracts with UNICOM Government.
"This Order" - this contractual instrument, including changes.
"Prime Contract" - the Government contract under which this Order/Task Order is issued.
"FAR" - the Federal Acquisition Regulation.
In addition to any other required flow down terms and conditions applicable to the Subcontractor,
Subcontractor agrees to comply with mandatory provisions of the prime contract, HSHQDC-11-A-00042,
revised April 13, 2013, as specified below:
4.3 Flow Down of Clauses
All applicable GSA Schedule Contract clauses shall flow down to the awarded BPAs and its Calls or
Orders. If the contractor’s current GSA Schedule is replaced with a subsequent schedule, the applicable
terms and conditions of the subsequent schedule shall be incorporated into this agreement and the term of
such subsequent schedule shall also apply. However, a follow-on GSA Schedule will not affect the
maximum term of the BPAs and its Calls or Orders. Further, the BPAs’ pricing will only be changed as a
result of a bilateral modification to the BPAs. Government concessions can only be made if equally
valued consideration is received by DHS.
4.4 Order of Precedence
In the event of any inconsistencies between the provisions of the BPAs and the GSA Schedule, the
provisions of the latter will take precedence. The contractor shall not change, condition, or deviate from
the BPAs’ pricing terms, or cause such to occur by virtue of not strictly complying with the terms and
conditions of the RFQ and the resulting BPAs.
![Page 2: UNICOM Gov - Special Prime Contract Requirements for ......outside the Greater Washington DC Metropolitan Area (see OMB Bulletin No. 05-02 and code 47900) will be reimbursed to the](https://reader036.vdocuments.us/reader036/viewer/2022070221/6135e2f20ad5d2067647a9b6/html5/thumbnails/2.jpg)
DHS BPA Enterprise Software Solutions Contract Mandatory Flow Downs
Contract Number: HSHQDC-11-A-00042
Use or disclosure of data contained in this page is subject to the restriction on the title page of this proposal.
Last Updated November 24, 2015 2
4.21 Non-Disclosure Agreements
Contractor personnel performing work may be required to sign the DHS Non-Disclosure Agreements
(Form 11000-6). Such determinations shall be expressed in BPA Calls or Orders.
5.4.6 Transferability of Licenses.
Licenses purchased by any component, whether prior to these BPAs and migrated to the BPAs, or directly
against the BPAs shall be transferable throughout all of DHS. If licenses are transferred, the receiving
component is responsible for funding the maintenance on those licenses. If any component possesses
excess, unused licenses for any products or credits for services, those licenses or credits, as applicable,
may be transferred to any other component as needed at no additional cost or penalty to DHS. The
contractor will be responsible for creating and maintaining an online report that lists all component
transfer requests (see Section 5.5.1).
5.4.8 License Agreement.
Software licenses purchased under this BPA are subject to the licensing provisions and the terms of the
GSA Contract, except that notwithstanding any provision to the contrary, licenses are transferable within
an acquiring agency, subject only to necessary administrative procedures; and with prior approval of the
licensor also transferable among other authorized DHS users, which approval shall not be unreasonably
withheld. Any BPA Call or Order issued hereunder will serve as proof of purchase. Upon validation and
receipt of software, customers will be provided an electronic version of the license agreement.
5.4.9 DHS Technical Reference Model
Enterprise products and services available through the GSA contractor under any of the BPAs resulting
from this RFQ shall be compliant, or submitted to DHS for a compliance review per par. 2 below, with
the Homeland Security Enterprise Architecture (HLS EA) Technical Reference Model (TRM) Standards
and Products Profile.
All data assets, information exchanges and data standards, whether adopted or developed, shall be
submitted to the DHS Enterprise Data Management Office (EDMO) for review and insertion into the
DHS Data Reference Model, within thirty (30) days of receiving the then current TRM standards and
products listing from DHS.
All IT assets being developed, procured, or acquired shall be IPv6 capable.
5.9.4 Employee Identification
Contractor employees visiting Government facilities shall wear an identification badge that, at a
minimum, displays the contractor name, the employee’s photo, name, clearance-level and badge
expiration date. Visiting contractor employees shall comply with all Government escort rules and
requirements. All contractor employees shall identify themselves as contractors when their status is not
readily apparent and display all identification and visitor badges in plain view above the waist at all times.
Contractor employees working on-site at Government facilities shall wear a Government issued
identification badge. All contractor employees shall identify themselves as contractors when their status
is not readily apparent (in meetings, when answering Government telephones, in e-mail messages, etc.)
and display the Government issued badge in plain view above the waist at all times.
![Page 3: UNICOM Gov - Special Prime Contract Requirements for ......outside the Greater Washington DC Metropolitan Area (see OMB Bulletin No. 05-02 and code 47900) will be reimbursed to the](https://reader036.vdocuments.us/reader036/viewer/2022070221/6135e2f20ad5d2067647a9b6/html5/thumbnails/3.jpg)
DHS BPA Enterprise Software Solutions Contract Mandatory Flow Downs
Contract Number: HSHQDC-11-A-00042
Use or disclosure of data contained in this page is subject to the restriction on the title page of this proposal.
Last Updated November 24, 2015 3
5.9.5 Employee Conduct
Contractor’s employees shall comply with all applicable Government regulations, policies and procedures
(e.g., fire, safety, sanitation, environmental protection, security, “off limits” areas, wearing of parts of
DHS uniforms, and possession of weapons) when visiting or working at Government facilities. The
contractor shall ensure contractor employees present a professional appearance at all times and that their
conduct shall not reflect discredit on the United States or the Department of Homeland Security. The
contractor’s PM shall ensure contractor employees understand and abide by Department of Homeland
Security established rules, regulations and policies concerning safety and security.
5.9.6 Removing Employees for Misconduct or Security Reasons
The Government may, at its sole discretion (via the CO or COTR), direct the contractor to remove any
contractor employee from DHS facilities for misconduct or security reasons. Removal does not relieve
the contractor of the responsibility to continue providing the services required under the BPA. The CO
will provide the contractor with a written explanation to support any request to remove an employee.
5.9.7 Standard of Conduct at Government Installations
The contractor shall be responsible for maintaining satisfactory standards of employee competency,
conduct, appearance and integrity and shall be responsible for taking such disciplinary action with respect
to employees as may be necessary. The contractor is also responsible for ensuring that their employees
do not disturb papers on desks, open desk drawers or cabinets, or use Government resources except as
authorized by the Government.
5.10 Security Requirements
Security requirements will be designated in each BPA Call or Order issued hereunder.
5.13 Hours of Operation
Contractor employees performing hourly rate based services shall generally perform all work between the
hours of 8:00 am and 5:00 pm Eastern Time, Monday through Friday, except for Federal holidays
observed designated per BPA Call or Order. However, there may be occasions when contractor
employees shall be required and authorized to work other than normal business hours, including
weekends and Federal holidays, to fulfill requirements under this SOW, when authorized by the BPA Call
or Order CO, at the rates specified in Attachment 1-Table 7, but shall not be subject to overtime or
premium pay factors.
5.14 Travel
Contractor travel may be required to support this requirement. All travel required by the Government
outside the Greater Washington DC Metropolitan Area (see OMB Bulletin No. 05-02 and code 47900)
will be reimbursed to the contractor in accordance with the Federal Travel Regulations (FTR), with no
profit or fee applied. The contractor shall be responsible for obtaining written COTR approval (electronic
mail is acceptable) for all reimbursable travel in advance of each travel event.
For all orders under the BPAs that require travel, the Government will not reimburse the contractor for
local travel (within the Greater Washington, DC Metropolitan Area). All travel-related expenses
(including, but not limited to, airfare, lodging, meals, rental cars, and incidental expenses) incurred by the
![Page 4: UNICOM Gov - Special Prime Contract Requirements for ......outside the Greater Washington DC Metropolitan Area (see OMB Bulletin No. 05-02 and code 47900) will be reimbursed to the](https://reader036.vdocuments.us/reader036/viewer/2022070221/6135e2f20ad5d2067647a9b6/html5/thumbnails/4.jpg)
DHS BPA Enterprise Software Solutions Contract Mandatory Flow Downs
Contract Number: HSHQDC-11-A-00042
Use or disclosure of data contained in this page is subject to the restriction on the title page of this proposal.
Last Updated November 24, 2015 4
contractor as a result of performing the services in this SOW shall be reimbursed in compliance with the
FTR and these BPAs. All travel requests must receive prior written approval from the COTR responsible
for the BPA Call or Order. Upon completion of travel, all documentation associated with the respective
travel shall be submitted with the invoice(s).
5.16 Access to and Protection of Information
Contractor access to information protected under the Privacy Act is required under this SOW. Contractor
employees shall safeguard this information against unauthorized disclosure or dissemination in
accordance with the law and Government policy and regulation.
Contractor access to proprietary information is required under this SOW. Contractor employees shall
safeguard this information against unauthorized disclosure or dissemination in accordance with DHS MD
11042.1, Safeguarding Sensitive but Unclassified (For Official Use Only) Information. The contractor
shall ensure that all contractor personnel having access to business or procurement sensitive information
sign a non-disclosure agreement (DHS Form 11000-6).
Access to Unclassified Facilities, Information Technology Resources, and Sensitive Information. The
assurance of the security of unclassified facilities, Information Technology (IT) resources, and sensitive
information during the acquisition process and contract performance are essential to the DHS mission.
DHS Management Directive (MD) 11042.1 Safeguarding Sensitive But Unclassified (For Official Use
Only) Information, describes how contractors must handle sensitive but unclassified information. DHS
MD 4300.1 Information Technology Systems Security and the DHS Sensitive Systems Handbook prescribe
policies and procedures on security for IT resources. Contractors shall comply with these policies and
procedures, any replacement publications, or any other current or future DHS policies and procedures
covering contractors specifically for all BPA Calls or Orders that require access to DHS facilities, IT
resources or sensitive information. Contractors shall not use or redistribute any DHS information
processed, stored, or transmitted by the contractor except as specified in the task order.
5.17 Section 508 Compliance
Pursuant to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) as amended by P.L. 105-220
under Title IV (Rehabilitation Act Amendments of 1998) all Electronic and Information Technology
(EIT) developed, procured, maintained and/or used under this BPA shall be in compliance with the
“Electronic and Information Technology Accessibility Standards” set forth by the Architectural and
Transportation Barriers Compliance Board (also referred to as the “Access Board”) in 36 CFR Part
1194. The complete text of Section 508 Standards can be accessed at http://www.access-board.gov/ or at
http://www.section508.gov. (See also section 6.10, Section 508 Requirements).
5.18 Government Furnished Resources
The Government will provide the workspace, equipment and supplies necessary to perform the on-site
portion of contractor services required under this BPA in accordance with the FAR clause 52.245-1 –
Government Furnished Property – as incorporated by reference under Section 7.1.
5.19 Contractor Furnished Property
The contractor shall furnish all labor, management, supervision, facilities, materials, equipment, quality
control and services necessary to fulfill the requirements of these BPAs, except for the Government
Furnished Property specified in herein.
![Page 5: UNICOM Gov - Special Prime Contract Requirements for ......outside the Greater Washington DC Metropolitan Area (see OMB Bulletin No. 05-02 and code 47900) will be reimbursed to the](https://reader036.vdocuments.us/reader036/viewer/2022070221/6135e2f20ad5d2067647a9b6/html5/thumbnails/5.jpg)
DHS BPA Enterprise Software Solutions Contract Mandatory Flow Downs
Contract Number: HSHQDC-11-A-00042
Use or disclosure of data contained in this page is subject to the restriction on the title page of this proposal.
Last Updated November 24, 2015 5
5.20 Government Acceptance Period
The COTR will review deliverables for their respective BPA Calls or Orders prior to acceptance and
provide the contractor with an e-mail that provides documented reasons for non-acceptance. If the
deliverable is acceptable, the COTR will send an e-mail to the contractor notifying that the deliverable
has been accepted.
The COTR will have the right to reject or require correction of any deficiencies found in the deliverables
for their respective BPA Calls or Orders that are contrary to the information contained in the contractor’s
accepted Quotation Package, or not in accordance with the terms of these BPAs. In the event of a
rejected deliverable, the contractor will be notified in writing by the COTR of the specific reasons for
rejection. The contractor shall have an opportunity to correct the rejected deliverable and return it per
delivery instructions.
The contractor shall have three (3) business days to make corrections and redeliver deliverables after
comments are received from the COTR.
All other review times and schedules for deliverables shall be mutually agreed upon by the parties. The
contractor shall be responsible for timely delivery to Government personnel in the agreed upon review
chain, at each stage of the review. The contractor shall work with personnel reviewing the deliverables to
assure that the established schedule is maintained.
SPECIAL CONDITIONS
6.0 Security Requirements – (FAR 52.204-2) (AUG 1996).
(a) This clause applies to the extent that this BPA involves access to information classified
“Confidential,” “Secret,” or “Top Secret.”
(b) The Contractor shall comply with:
(1) The Security Agreement (DD Form 441), including the National Industrial Security
Program Operating Manual (DOD 5220.22-M); and
(2) Any revisions to that manual, notice of which has been furnished to the Contractor. If,
subsequent to the date of this BPA, the security classification or security requirements
under these BPAs are changed by the Government and if the changes cause an increase or
decrease in security costs or otherwise affect any other term or condition of these BPAs,
the BPAs shall be subject to an equitable adjustment as if the changes were directed
under the Changes of these BPAs.
(d) The Contractor agrees to insert terms that conform substantially to the language of this
clause, including this paragraph (d) but excluding any reference to the Changes clause of the
BPAs, in all subcontracts under the BPAs that involve access to classified information.
6.1 Implementing Instructions for Compliance with HSAR Clause 3052.204-71, “Contractor
Employee Access”
Further, as described in Homeland Security Acquisition Regulation (HSAR) 3052.204-71, contractor staff
requiring recurring access to Government facilities, contractor facilities operated on behalf of the
Government, sensitive government information, or IT resources are required to have a favorably
adjudicated Suitability background investigation prior to commencing work on these BPAs.
![Page 6: UNICOM Gov - Special Prime Contract Requirements for ......outside the Greater Washington DC Metropolitan Area (see OMB Bulletin No. 05-02 and code 47900) will be reimbursed to the](https://reader036.vdocuments.us/reader036/viewer/2022070221/6135e2f20ad5d2067647a9b6/html5/thumbnails/6.jpg)
DHS BPA Enterprise Software Solutions Contract Mandatory Flow Downs
Contract Number: HSHQDC-11-A-00042
Use or disclosure of data contained in this page is subject to the restriction on the title page of this proposal.
Last Updated November 24, 2015 6
Work under these BPAs may be classified at classification level from Confidential, Secret, and/or Top
Secret. Specific security compliance guidance will be provided via DD Form 254 issued under individual
BPA Calls or Orders. The BPAs shall adhere to the requirements in the National Industrial Security
Program Operations Manual (NISPOM).
The work to be performed under these BPAs, as set forth in individual BPA Calls or Orders, may involve
access to, handling of, and generation of classified information up to and including Top Secret. The
contractor shall appoint a Security Officer at the time of BPA award, who shall (i) be responsible for all
security aspects of the work performed under the BPA, (ii) assure compliance with all Security
Regulations of the US Government that apply to the Department of Homeland Security (DHS), and (iii)
assure compliance with any written instructions from the CO, or Security Officers of DHS.
6.2 Top Secret, Sensitive Compartmented Information, (SCI) Personnel and Facility Clearance
Requirements applicable at the BPA Call or Order level
In order to obtain a BPA Call or Order requiring Classified or Top Secret access, the contractor shall
possess a facility clearance and safeguarding capability equal to the highest classification stated on the
Contract Security Classification Specification (DD Form 254) attached to the applicable BPA Call or
Order.
6.3 General Security Requirements applicable at the BPA Call or Order level
DHS has determined that performance under these BPAs may require that the contractor,
subcontractor(s), vendor(s), etc. (herein known as contractor) requires access to classified National
Security Information (herein known as classified information). Classified information is Government
information which requires protection in accordance with Executive Order 12958 as amended, Classified
National Security Information, and supplementing directives.
Under provisions of U.S. Law, Title 18, U.S. Code section 499 and 701, the contractor will abide by the
requirements set forth in the DD Form 254 at the BPA Call or Order level, Contract Security
Classification Specification, included in the BPAs, and the National Industrial Security Program
Operating Manual (NISPOM) for the protection of classified information at its cleared facility, if
applicable, as directed by the Defense Security Service. If the contractor has access to classified
information at a DHS or other Government Facility, it will abide by the requirements set by the agency.
The detail of such requirements will be addressed within Calls or Orders placed under the BPAs.
DHS will consider only U.S. Citizens and Lawful Permanent Residents (LPRs) for employment under the
BPAs. However, DHS will not approve LPRs for employment on these BPAs in any position that
requires the LPR to access or assist in the development, operation, management or maintenance of DHS
IT systems. By signing these BPAs, the contractor agrees to this restriction. In those instances where
other non-IT requirements contained in the BPA Calls or Orders can be met by using LPRs, those
requirements shall be clearly described.
Under provisions of U.S. Law, Title 18, U.S. Code section 499 and 701, the contractor will be responsible
for the conditions, tracking and the return of government furnished items. When these items are lost,
misplaced or damaged a report must be submitted to the COTR, referencing identification numbers,
name of individual to whom issued, and the last known location and disposition of the property.
![Page 7: UNICOM Gov - Special Prime Contract Requirements for ......outside the Greater Washington DC Metropolitan Area (see OMB Bulletin No. 05-02 and code 47900) will be reimbursed to the](https://reader036.vdocuments.us/reader036/viewer/2022070221/6135e2f20ad5d2067647a9b6/html5/thumbnails/7.jpg)
DHS BPA Enterprise Software Solutions Contract Mandatory Flow Downs
Contract Number: HSHQDC-11-A-00042
Use or disclosure of data contained in this page is subject to the restriction on the title page of this proposal.
Last Updated November 24, 2015 7
6.4 Information Security Standards
DHS 4300A Sensitive Systems Handbook
DHS 4300B National Security Systems Handbook
DClD 613, Protecting Sensitive Compartmented Information within the Information System
National Institute of Standards and Technology (NIST) Special Publication 800-37,
Guide for the Security Certification and Accreditation of Federal Information Systems
NIST Special Publication 800-53, Revision 1 (Final Public Draft), Recommended Security
Controls for Federal Information Systems
Federal Information Processing Standards (FIPS) Publication 140-2, Security Requirements
for Cryptographic Modules
6.5 SmartBUY Review
If, during the term of these BPAs, the manufacturer or its resellers enter into an agreement with the
General Services Administration (GSA) under the SmartBUY Initiative which includes more favorable
pricing for the same or similar products or services licensed or available under these BPAs, then the
Contractor shall provide pricing to DHS that is equal to or better than the SmartBUY Agreement, for like
products and licenses.
6.6 Technical Reference Manual, Application Protocol Interface (API)
After the BPAs are awarded, the contractor shall provide DHS with access to the Technical Reference
Manuals for each of the licensed programs as required. The contractor shall grant DHS the right to
download the Technical Reference Manual in accordance with standard procedure and reproduce
individual copies of the Technical Reference Manuals for distribution within DHS, subject to the
Technical Reference Manual confidentiality provisions, and provided that personnel receiving the
Technical Reference Manual for a particular program are licensed to use that program. Please note these
are not the same as the DHS Enterprise Architecture TRMs.
6.7 Declared DHS National Emergency applicable at the BPA Call or Order level
See Surge CLIN Provision at 4.12.
6.8 Section 508 Requirements
A. ACCESSIBILITY REQUIREMENTS (SECTION 508)
Section 508 of the Rehabilitation Act, as amended by the Workforce Investment Act of 1998
(P.L. 105-220) requires that when Federal agencies develop, procure, maintain, or use electronic
and information technology (EIT), they must ensure that it is accessible to people with
disabilities. Federal employees and members of the public who have disabilities must have equal
access to and use of information and data that is comparable to that enjoyed by non-disabled
Federal employees and members of the public.
All EIT deliverables within this work statement shall comply with the applicable technical and
functional performance criteria of Section 508 unless exempt. Specifically, the following
applicable EIT accessibility standards have been identified:
![Page 8: UNICOM Gov - Special Prime Contract Requirements for ......outside the Greater Washington DC Metropolitan Area (see OMB Bulletin No. 05-02 and code 47900) will be reimbursed to the](https://reader036.vdocuments.us/reader036/viewer/2022070221/6135e2f20ad5d2067647a9b6/html5/thumbnails/8.jpg)
DHS BPA Enterprise Software Solutions Contract Mandatory Flow Downs
Contract Number: HSHQDC-11-A-00042
Use or disclosure of data contained in this page is subject to the restriction on the title page of this proposal.
Last Updated November 24, 2015 8
B. Section 508 Applicable EIT Accessibility Standards
36 CFR 1194.21 Software Applications and Operating Systems, applies to all EIT software
applications and operating systems procured or developed under this work statement including
but not limited to GOTS and COTS software. In addition, this standard is to be applied to Web-
based applications when needed to fulfill the functional performance criteria. This standard also
applies to some Web based applications as described within 36 CFR 1194.22.
36 CFR 1194.22 Web-based Intranet and Internet Information and Applications, applies to all
Web-based deliverables, including documentation and reports procured or developed under this
work statement. When any Web application uses a dynamic (non-static) interface, embeds custom
user control(s), embeds video or multimedia, uses proprietary or technical approaches such as, but
not limited to, Flash or Asynchronous Javascript and XML (AJAX) then 1194.21 Software
standards also apply to fulfill functional performance criteria.
36 CFR 1194.24 Video and Multimedia Products, applies to all video and multimedia products
that are procured or developed under this work statement. Any video or multimedia presentation
shall also comply with the software standards (1194.21) when the presentation is through the use
of a Web or Software application interface having user controls available.
36 CFR 1194.31 Functional Performance Criteria, applies to all EIT deliverables regardless of
delivery method. All EIT deliverable shall use technical standards, regardless of technology, to
fulfill the functional performance criteria.
36 CFR 1194.41 Information Documentation and Support applies to all documents, reports, as
well as help and support services. To ensure that documents and reports fulfill the required
1194.31 Functional Performance Criteria, they shall comply with the technical standard
associated with Web-based Intranet and Internet Information and Applications at a minimum. In
addition, any help or support provided in this work statement that offer telephone support, such
as, but not limited to, a help desk shall have the ability to transmit and receive messages using
TTY.
C. Section 508 Applicable Exceptions
Exceptions for this work statement have been determined by DHS and only the exceptions
described herein may be applied. Any request for additional exceptions shall be sent to the COTR
and determination will be made in accordance with DHS MD 4010.2. DHS has identified the
following exceptions that may apply: 36 CFR 1194.3(b) Incidental to Contract, all EIT that is
exclusively owned and used by the contractor to fulfill this work statement does not require
compliance with Section 508. This exception does not apply to any EIT deliverable, service or
item that will be used by any Federal employee(s) or member(s) of the public. This exception
only applies to those contractors assigned to fulfill the obligations of this work statement and for
the purposes of this requirement, are not considered members of the public.
D. Section 508 Compliance Requirements
36 CFR 1194.2(b) (COTS/GOTS products), When procuring a product, each agency shall
procure products which comply with the provisions in this part when such products are available
in the commercial marketplace or when such products are developed in response to a
Government solicitation. Agencies cannot claim a product as a whole is not commercially
available because no product in the marketplace meets all the standards. If products are
commercially available that meets some but not all of the standards, the agency must procure the
![Page 9: UNICOM Gov - Special Prime Contract Requirements for ......outside the Greater Washington DC Metropolitan Area (see OMB Bulletin No. 05-02 and code 47900) will be reimbursed to the](https://reader036.vdocuments.us/reader036/viewer/2022070221/6135e2f20ad5d2067647a9b6/html5/thumbnails/9.jpg)
DHS BPA Enterprise Software Solutions Contract Mandatory Flow Downs
Contract Number: HSHQDC-11-A-00042
Use or disclosure of data contained in this page is subject to the restriction on the title page of this proposal.
Last Updated November 24, 2015 9
product that best meets the standards. When applying this standard, all procurements of EIT
shall have documentation of market research that identify a list of products or services that first
meet the agency business needs, and from that list of products or services, an analysis that the
selected product met more of the accessibility requirements than the non-selected products as
required by FAR 39.2. Any selection of a product or service that meets less accessibility
standards due to a significant difficulty or expense shall only be permitted under an undue
burden claim and requires authorization from the DHS Office of Accessible Systems and
Technology (OAST) in accordance with DHS MD 4010.2. 4.0
6.9 Federal Information Security Management Act (FISMA) Requirements
The following FISMA requirements are applicable to these BPAs and all BPA Calls or Orders:
A. DHS Enterprise Architecture Compliance
All solutions and services shall meet DHS Enterprise Architecture policies, standards, and procedures.
Specifically, the contractor shall comply with the following Homeland Security Enterprise Architecture
(HLS EA) requirements:
All developed solutions and requirements shall be compliant with the HLS EA.
All IT hardware or software shall be compliant with the HLS EA Technical Reference Model
(TRM) Standards and Products Profile.
All data assets, information exchanges and data standards, whether adopted or developed, shall be
submitted to the DHS Enterprise Data Management Office (EDMO) for review and insertion into
the DHS Data Reference Model.
In compliance with Office of Management and Budget (OMB) mandates, all network hardware
shall be IPv6 compatible without modification, upgrade, or replacement.
B. DHS Geospatial Information System Compliance
All implementations shall comply with the policies and requirements set forth in the DHS Geospatial
Information Infrastructure (GII), including the following:
All developed solutions and requirements shall be compliant with the HLS EA.
All IT hardware or software shall be compliant with the HLS EA Technical Reference Model
(TRM) Standards and Products Profile.
The DHS geospatial data model shall be used building to the GII.
All data within the GII, whether adopted or developed, shall be submitted to the DHS Enterprise
Data Management Office (EDMO) for review and insertion into the DHS Data Reference Model.
C. Access to Unclassified Facilities, Information Technology Resources, and Sensitive Information
See new paragraph 3 of SOW Section 5.18, Access to and Protection of Information.
D. Interconnection Security Agreements
Interconnections between DHS and non-DHS IT systems shall be established only through controlled
interfaces and via approved service providers. The controlled interfaces shall be accredited at the highest
security level of information on the network. Connections with other Federal agencies shall be
documented based on interagency agreements; memoranda of understanding, service level agreements or
interconnection security agreements.
6.10 Contractor Performance Assessment Reporting System (CPARS)
This provision applies to any BPA Call or Order issued under these BPAs in the amount of $150,000 or
greater. CPARS is a web-enabled application that collects and manages the library of automated CPARs.
CPARS is for UNCLASSIFIED use only. Classified information is not to be entered into this system. A
![Page 10: UNICOM Gov - Special Prime Contract Requirements for ......outside the Greater Washington DC Metropolitan Area (see OMB Bulletin No. 05-02 and code 47900) will be reimbursed to the](https://reader036.vdocuments.us/reader036/viewer/2022070221/6135e2f20ad5d2067647a9b6/html5/thumbnails/10.jpg)
DHS BPA Enterprise Software Solutions Contract Mandatory Flow Downs
Contract Number: HSHQDC-11-A-00042
Use or disclosure of data contained in this page is subject to the restriction on the title page of this proposal.
Last Updated November 24, 2015 10
CPAR assesses a contractor's performance and provides a record, both positive and negative, on a given
contractor during a specific period of time. Each assessment is based on objective facts and supported by
program and contract management data, such as cost performance reports, customer comments, quality
reviews, technical interchange meetings, financial solvency assessments, construction/production
management reviews, contractor operations reviews, functional performance evaluations, and earned
contract incentives. The contractor shall participate in the DHS CPARS program via the CPARS website
at: www.cpars.csd.disa.mil.
6.11 Occupational Safety and Health Act Requirements
The BPAs require that Occupational Safety and Health Act requirements be met when applicable. The
BPAs and all Calls or Orders issued under these BPAs may contain mandatory clauses relating to
Environment, Safety, and Occupational Health (ESOH) considerations.
7.0 APPLICABLE CLAUSES
The BPAs Call or Ordering CO may include additional contract clauses in BPA Calls or Orders , other
than those enumerated in this section, such as (1) additional “required when applicable” FAR clauses, (2)
activity or Component clauses, (3) unmentioned FAR alternate clauses, and (4) Call or Order specifically
tailored clauses.
7.1 FAR Clauses Incorporated By Reference (FAR 52.252-2) (FEB 1998)
These BPAs incorporate one or more clauses by reference, with the same force and effect as if they were
given in full text. Upon request, the CO will make their full text available. Also, the full text of a clause
may be accessed electronically at www.acquisition.gov .
(End of clause)
The following FAR clauses are incorporated by reference into these BPAs:
52.202-1 Definitions JUL 2004
52.222-50 Combating Trafficking in Persons FEB 2009
52.227-14 ** Rights In Data – General (Alternate IV) DEC 2007
52.227.19 Commercial Computer Software License DEC 2007
52.232-23 Assignment of Claims JAN 1986
52.232-33 Payment By Electronic Funds Transfer –
Central Contract Register
OCT 2003
52.245-1 Government Property JUNE 2007
** As it applies to any IT Professional Services
acquired hereunder
7.2 (Reserved)
7.3 DHS Full Text Clauses.
The following Homeland Security Acquisition Regulation (HSAR) clauses are provided in full text. All
HSAR clauses shall flow down to all subcontractors on the BPAs and all BPA Calls or Orders as
applicable:
![Page 11: UNICOM Gov - Special Prime Contract Requirements for ......outside the Greater Washington DC Metropolitan Area (see OMB Bulletin No. 05-02 and code 47900) will be reimbursed to the](https://reader036.vdocuments.us/reader036/viewer/2022070221/6135e2f20ad5d2067647a9b6/html5/thumbnails/11.jpg)
DHS BPA Enterprise Software Solutions Contract Mandatory Flow Downs
Contract Number: HSHQDC-11-A-00042
Use or disclosure of data contained in this page is subject to the restriction on the title page of this proposal.
Last Updated November 24, 2015 11
7.3.1. Security Requirements for Unclassified Information Technology Resources (HSAR 3052.204-
70) (June 2006) (a) The contractor shall be responsible for Information Technology (IT) security for all systems
connected to a DHS network or operated by the contractor for DHS, regardless of location. This clause
applies to all or any part of the BPAs that include information technology resources or services for which
the contractor must have physical or electronic access to sensitive information contained in DHS
unclassified systems that directly support the agency’s mission.
(b) The contractor shall provide, implement, and maintain an IT Security Plan. This plan shall describe
the processes and procedures that will be followed to ensure appropriate security of IT resources that are
developed, processed, or used under these BPAs.
(1) Within 45 days after BPA award, the contractor shall submit for approval its IT Security Plan, which
shall be consistent with and further detail the approach contained in the GSA Contractor’s Quotation
Package. The plan, as approved by the CO, shall be incorporated into the BPAs as a compliance
document.
(2) The contractor’s IT Security Plan shall comply with Federal laws that include, but are not limited to,
the Computer Security Act of 1987 (U.S.C. 1441 et seq.); the Government Information Security Reform
Act of 2000; and the Federal Information Security management Act of 2002; and with Federal policies
and procedures that include, but are not limited to, OMB Circular A-130.
(3) The security plan shall specifically include instructions regarding handling and protecting sensitive
information at the contractor’s site (including any information stored, processed, or transmitted using the
contractor’s computer systems), and the secure management, operation, maintenance, programming, and
system administration of computer systems, networks, and telecommunications systems.
(c) Examples of tasks that require security provisions include –
(1) Acquisition, transmission or analysis of data owned by DHS with significant replacement cost should
the contractor’s copy be corrupted; and
(2) Access to DHS networks or computers at a level beyond that granted the general public (e.g., such as
bypassing a firewall).
(d) At the expiration of the BPAs, the contractor shall return all sensitive DHS information and IT
resources provided to the contractor during the BPA, and certify that all non-public DHS information has
been purged from any contractor-owned system. Organizational elements shall conduct reviews to ensure
that the security requirements in the BPAs are implemented and enforced.
(3) Within 6 months after BPA award, the contractor shall submit written proof of IT Security
accreditation to DHS for approval by the DHS CO. Accreditation will proceed according to the criteria of
the DHS Sensitive System Policy Publication, 4300A (Version 2.1, July 26, 2004) or any replacement
publication, which the CO will provide upon request. This accreditation will include a final security plan,
risk assessment, security test and evaluation, and disaster recovery plan/continuity of operations plan.
This accreditation, when accepted by the CO, shall be incorporated into the BPAs as a compliance
document. The contractor shall comply with the approved accreditation documentation.
(End of clause)
![Page 12: UNICOM Gov - Special Prime Contract Requirements for ......outside the Greater Washington DC Metropolitan Area (see OMB Bulletin No. 05-02 and code 47900) will be reimbursed to the](https://reader036.vdocuments.us/reader036/viewer/2022070221/6135e2f20ad5d2067647a9b6/html5/thumbnails/12.jpg)
DHS BPA Enterprise Software Solutions Contract Mandatory Flow Downs
Contract Number: HSHQDC-11-A-00042
Use or disclosure of data contained in this page is subject to the restriction on the title page of this proposal.
Last Updated November 24, 2015 12
7.3.2. HSAR 3052.242-71 DISSEMINATION OF CONTRACT INFORMATION (DEC 2003)
The Contractor shall not publish, permit to be published, or distribute for public consumption, any
information, oral or written, concerning the results or conclusions made pursuant to the performance of
this contract, without the prior written consent of the Contracting Officer. An electronic or printed copy of
any material proposed to be published or distributed shall be submitted to the Contracting Officer. (End
of clause)
7.3.3 HSAR Clause 3052-242-72 CONTRACTING OFFICER'S TECHNICAL
REPRESENTATIVE (DECEMBER 2003)
(a) The Contracting Officer may designate Government personnel to act as the Contracting Officer's
Technical Representative (COTR) to perform functions under the contract such as review or inspection
and acceptance of supplies, services, including construction, and other functions of a technical nature. The
Contracting Officer will provide a written notice of such designation to the Contractor within five
working days after contract award or for construction, not less than five working days prior to giving the
contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the
COTR under the contract.
(b) The Contracting Officer cannot authorize the COTR or any other representative to sign documents,
such as contracts, contract modifications, etc., that require the signature of the Contracting Officer.
7.3.4 Organizational Conflict of Interest (HSAR 3052.209-72)
This clause may be applicable to individual BPA Calls or Orders issued under this BPA.
(a) Determination. The Government has determined that this effort may result in an actual or potential
conflict of interest, or may provide one or more contractor with the potential to attain an unfair
competitive advantage. There are at least three forms of potential organizational conflicts of interest that
may arise in the performance of these BPAs: (1) either the contractor or an affiliate’s being able to
compete when the contractor (a) had access to procurement sensitive information or (b) drafted
specifications or statements of work or substantially complete statements of work; (2) the contractor’s
reviewing the work of itself or any affiliates, done on other DHS Contracts; or (3) offering advice or
planning in areas in which the contractor or any affiliates have financial interests tied to particular
technologies
(b) If any such conflict of interest is found to exist, the CO may (1) disqualify the contractor, or (2)
determine that it is otherwise in the best interest of the United States to contract with the contractor and
include the appropriate provisions to avoid, neutralize, mitigate, or waive such conflict in the BPAs
awarded. After discussion with the contractor, the CO may determine that the actual conflict cannot be
avoided, neutralized, mitigated or otherwise resolved to the satisfaction of the Government, and the
contractor may be found ineligible for award.
(c) Disclosure: The submitting GSA contractor hereby represents, to the best of its knowledge that:
___ (1) It is not aware of any facts which create any actual or potential organizational conflicts of interest
relating to the award of these BPAs, or (2) It has included information in its quotation package, providing
all current information bearing on the existence of any actual or potential organizational conflicts of
interest, and has included a mitigation plan in accordance with paragraph (d) of this provision.
![Page 13: UNICOM Gov - Special Prime Contract Requirements for ......outside the Greater Washington DC Metropolitan Area (see OMB Bulletin No. 05-02 and code 47900) will be reimbursed to the](https://reader036.vdocuments.us/reader036/viewer/2022070221/6135e2f20ad5d2067647a9b6/html5/thumbnails/13.jpg)
DHS BPA Enterprise Software Solutions Contract Mandatory Flow Downs
Contract Number: HSHQDC-11-A-00042
Use or disclosure of data contained in this page is subject to the restriction on the title page of this proposal.
Last Updated November 24, 2015 13
(d) Mitigation. If a contractor with a potential or actual conflict of interest or unfair competitive
advantage believes the conflict can be avoided, neutralized, or mitigated, the contractor shall submit a
mitigation plan to the Government for review. Award of a BPA where an actual or potential conflict of
interest exists shall not occur before Government approval of the mitigation plan. If a mitigation plan is
approved, the restrictions of this provision do not apply to the extent defined in the mitigation plan.
(e) Other Relevant Information: In addition to the mitigation plan, the CO may require further relevant
information from the contractor. The CO will use all information submitted by the contractor, and any
other relevant information known to DHS, to determine whether an award to the contractor may take
place, and whether the mitigation plan adequately neutralizes or mitigates the conflict.
(f) Corporation Change. The successful contractor shall inform the CO within thirty (30) calendar days of
the effective date of any corporate mergers, acquisitions, and/or divestures that may affect this provision.
(g) Flow-down. The contractor shall insert the substance of this clause in each first tier subcontract that
exceeds the simplified acquisition threshold.
(End of clause)
7.3.5 Limitation of Future Contracting (HSAR 3052.209-73) (JUN 2006)
This clause may be applicable to individual BPA Calls or Orders issued under these BPAs.
(a) The CO has determined that this acquisition may give rise to a potential organizational conflict of
interest. Accordingly, the attention of prospective contractors is invited to FAR Subpart 9.5--
Organizational Conflicts of Interest.
(b) The nature of this conflict is [describe the conflict].
(c) The restrictions upon future contracting are as follows:
(1) If the contractor, under the terms of these BPAs, or through the performance of tasks pursuant to these
BPAs, is required to develop specifications or statements of work that are to be incorporated into a
solicitation, the contractor shall be ineligible to perform the work described in that solicitation as a prime
or first-tier subcontractor under an ensuing DHS Contract. This restriction shall remain in effect for a
reasonable time, as agreed to by the CO and the contractor, sufficient to avoid unfair competitive
advantage or potential bias (this time shall in no case be less than the duration of the initial production
BPAs). DHS shall not unilaterally require the contractor to prepare such specifications or statements of
work under these BPAs.
(2) To the extent that the work under these BPAs require access to proprietary, business confidential, or
financial data of other companies, and as long as these data remain proprietary or confidential, the
contractor shall protect these data from unauthorized use and disclosure and agrees not to use them to
compete with those other companies. (End of clause)
7.3.6 Key Personnel or Facilities (HSAR 3052.215-70) (DEC 2003)
This DHS Clause applies to the BPAs and the BPAs Calls or Orders issued under these BPAs.
![Page 14: UNICOM Gov - Special Prime Contract Requirements for ......outside the Greater Washington DC Metropolitan Area (see OMB Bulletin No. 05-02 and code 47900) will be reimbursed to the](https://reader036.vdocuments.us/reader036/viewer/2022070221/6135e2f20ad5d2067647a9b6/html5/thumbnails/14.jpg)
DHS BPA Enterprise Software Solutions Contract Mandatory Flow Downs
Contract Number: HSHQDC-11-A-00042
Use or disclosure of data contained in this page is subject to the restriction on the title page of this proposal.
Last Updated November 24, 2015 14
(a) The personnel or facilities specified below are considered essential to the work being performed under
these BPAs and may, with the consent of the contracting parties, be changed from time to time during the
course of the BPAs by adding or deleting personnel or facilities, as appropriate.
(b) Before removing or replacing any of the specified individuals or facilities, the contractor shall notify
the CO, in writing, before the change becomes effective. The contractor shall submit sufficient
information to support the proposed action and to enable the CO to evaluate the potential impact of the
change on the BPAs. The contractor shall not remove or replace personnel or facilities until the CO
approves the change.
The Government has identified the following Key Personnel (KP) or Facilities under the BPAs:
- Contractor’s Program Manager (PM)
(End of clause)
7.3.7. Contractor employee access (JUN 2006) 3052.204-71
(a) “Sensitive Information,” as used in this Chapter, means any information, the loss, misuse, disclosure,
or unauthorized access to or modification of which could adversely affect the national or homeland
security interest, or the conduct of Federal programs, or the privacy to which individuals are entitled
under section 552a of title 5, United States Code (the Privacy Act), but which has not been specifically
authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the
interest of national defense, homeland security or foreign policy. This definition includes the following
categories of information:
(1) Protected Critical Infrastructure Information (PCII) as set out in the Critical Infrastructure Information
Act of 2002 (Title II, Subtitle B, of the Homeland Security Act, Pub. L. 107-296, 196 Stat. 2135), as
amended, the implementing regulations thereto (Title 6, Code of Federal Regulations, part 29) as
amended, the applicable PCII Procedures Manual, as amended, and any supplementary guidance
officially communicated by an authorized official of the Department of Homeland Security (including the
PCII Program Manager or his/her designee);
(2) Sensitive Security Information (SSI), as defined in Title 49, Code of Federal Regulations, part 1520,
as amended, ``Policies and Procedures of Safeguarding and Control of SSI,'' as amended, and any
supplementary guidance officially communicated by an authorized official of the Department of
Homeland Security (including the Assistant Secretary for the Transportation Security Administration or
his/her designee);
(3) Information designated as “For Official Use Only,” which is unclassified information of a sensitive
nature and the unauthorized disclosure of which could adversely impact a person's privacy or welfare, the
conduct of Federal programs, or other programs or operations essential to the national or homeland
security interest; and
(4) Any information that is designated “sensitive” or subject to other controls, safeguards or protections in
accordance with subsequently adopted homeland security information handling procedures.
(b) "Information Technology Resources'' include, but are not limited to, computer equipment, networking
equipment, telecommunications equipment, cabling, network drives, computer drives, network software,
computer software, software programs, intranet sites, and internet sites.
![Page 15: UNICOM Gov - Special Prime Contract Requirements for ......outside the Greater Washington DC Metropolitan Area (see OMB Bulletin No. 05-02 and code 47900) will be reimbursed to the](https://reader036.vdocuments.us/reader036/viewer/2022070221/6135e2f20ad5d2067647a9b6/html5/thumbnails/15.jpg)
DHS BPA Enterprise Software Solutions Contract Mandatory Flow Downs
Contract Number: HSHQDC-11-A-00042
Use or disclosure of data contained in this page is subject to the restriction on the title page of this proposal.
Last Updated November 24, 2015 15
(c) Contractor employees working on these BPAs must complete such forms as may be necessary for
security or other reasons, including the conduct of background investigations to determine suitability.
Completed forms shall be submitted as directed by the CO. Upon the CO’s request, the contractor's
employees shall be fingerprinted, or subject to other investigations as required. All contractor employees
requiring recurring access to Government facilities or access to sensitive information or IT resources are
required to have a favorably adjudicated background investigation prior to commencing work on these
BPAs unless this requirement is waived under Departmental procedures.
(d) The CO may require the contractor to prohibit individuals from working on the BPAs if the
government deems their initial or continued employment contrary to the public interest for any reason,
including, but not limited to, carelessness, insubordination, incompetence, or security concerns.
(e) Work under these BPAs and at the BPA Call or Order level may involve access to sensitive
information. Therefore, the contractor shall not disclose, orally or in writing, any sensitive information to
any person unless authorized in writing by the CO. For those contractor employees authorized access to
sensitive information, the contractor shall ensure that these persons receive training concerning the
protection and disclosure of sensitive information both during and after performance.
(f) The contractor shall include the substance of this clause in all subcontracts or teaming agreements at
any tier where the subcontractor or team partners may have access to Government facilities, sensitive
information, or resources.
(End of clause)
7.3.8 Contractor Pre-screening (Supplement to 7.3.1 - HSAR 3052.204-70)
(From RFQ Amendment 10)
a. Policy. Contractors requiring recurring access to Government facilities or access to sensitive but
unclassified information and/or logical access to Information Technology (IT) resources shall verify
minimal fitness requirements for all persons/candidates designated for employment under any Department
of Homeland Security (DHS) contract by pre-screening the person/candidate prior to submitting their
name for consideration to work on the contract. Pre-screening the candidate ensures that minimum fitness
requirements are considered and mitigates the burden of DHS having to conduct background
investigations on objectionable candidates. The Contractor shall submit only those candidates that have
not had a felony conviction within the past 36 months, illegal drug use within the past 12 months, or
misconduct such as criminal activity on the job relating to fraud or theft within the past 12 months from
the date of submission of their name as a candidate to perform work under this contract. Pre-screening
shall be conducted within 15 days after contract award. The fitness determination does not impact the
candidate’s fitness for employment with your firm on other assignments unrelated to this contract. This
requirement shall be placed in all subcontracts if the subcontractor requires routine physical access,
access to sensitive but unclassified information, and/or logical access to IT resources. Failure to comply
with the pre-screening requirement will result in the Contracting Officer taking the appropriate remedy
(i.e. recording non-compliance into the Past Performance Database, contract termination).
b. Definitions. Logical access means providing an authorized user the ability to access one or more
computer system resources such as a workstation, network, application, or database through automated
tools. A logical access control system (LACS) requires validation of an individual’s identity through
some mechanism such as a personal identification number (PIN), card, username and password,
biometric, or other token. The system has the capability to assign different persons depending on their
roles and responsibilities in an organization
![Page 16: UNICOM Gov - Special Prime Contract Requirements for ......outside the Greater Washington DC Metropolitan Area (see OMB Bulletin No. 05-02 and code 47900) will be reimbursed to the](https://reader036.vdocuments.us/reader036/viewer/2022070221/6135e2f20ad5d2067647a9b6/html5/thumbnails/16.jpg)
DHS BPA Enterprise Software Solutions Contract Mandatory Flow Downs
Contract Number: HSHQDC-11-A-00042
Use or disclosure of data contained in this page is subject to the restriction on the title page of this proposal.
Last Updated November 24, 2015 16
GSA SCHEDULE 70 CONTRACT MANDATORY FLOW DOWNS
Special Prime Contract Requirements for
GSA Schedule 70 Prime Contract Number: GS-35F-0290X
Period covered by Contract:
March 21, 2011 through March 20, 2016
Special Item No. (SIN132-3, 132-8, 132-12, 132-32, 132-33,132-34,132-51, and 132-52)
The following required flowdown Federal Acquisition Regulation (“FAR”) clauses and General Service
Administration Regulations (“GSAR”) of UNICOM Government, Inc. (UGI’s) GSA Contract No. GS-
35F-0290X (GSA Schedule 70) apply to the Subcontractor in the performance of any Task Order/Order
Award hereunder. These clauses are incorporated into the Order by reference and apply with the same
force and effect as though set forth in full text. The clauses and dates in this Exhibit B are the same as the
corresponding clauses in the prime contract. The Subcontractor agrees to flow down all applicable FAR
and GSAM clauses to lower-tier subcontractors.
The full text of a clause may be accessed electronically at this address:
http://acquisitiongov/far/
http://www.acquisition.gov/gsam/gsam.html
DEFINITIONS
In all such clauses, unless the context of the clause requires otherwise, the term "Contractor" shall mean
Subcontractor, the term "Contract" shall mean this Order/Task Order, and the terms “Government”,
“Contracting Officer (CO),” “Contracting Officer’s Technical Representative (COTR),” and equivalent
phrases shall mean UGI, respectively. It is intended that the referenced clauses shall apply to
Subcontractor in such manner as is necessary to reflect the position of Subcontractor as a subcontractor to
UGI, to identify Subcontractor's obligations to GTSI and to the United States Government, and to enable
UGI to meet its obligations under its Prime Contract or Subcontract.
The following definitions apply unless otherwise specifically stated:
"Prime Contractor" - the legal entity issuing this Order/Task Order.
"Subcontractor" - the legal entity which contracts with UGI. .
"This Order" - this contractual instrument, including changes.
"Prime Contract" - the Government contract under which this Order/Task Order is issued.
"FAR" - the Federal Acquisition Regulation.
In addition to any other required flow down terms and conditions applicable to the Subcontractor,
Subcontractor agrees to comply with the mandatory provisions of UGI’s above referenced GSA contract,
which are listed below:
![Page 17: UNICOM Gov - Special Prime Contract Requirements for ......outside the Greater Washington DC Metropolitan Area (see OMB Bulletin No. 05-02 and code 47900) will be reimbursed to the](https://reader036.vdocuments.us/reader036/viewer/2022070221/6135e2f20ad5d2067647a9b6/html5/thumbnails/17.jpg)
DHS BPA Enterprise Software Solutions Contract Mandatory Flow Downs
Contract Number: HSHQDC-11-A-00042
Use or disclosure of data contained in this page is subject to the restriction on the title page of this proposal.
Last Updated November 24, 2015 17
CONTRACT CLAUSES INCORPORATED BY REFERENCE
FAR CLAUSE CLAUSE TITLE
FAR 52.202-1 DEFINITIONS (JAN 2012)
FAR 52.203-3 GRATUITIES (APR 1984)
FAR 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT
(SEP 2006) (ALTERNATE I—OCT 1995)
FAR 52.203-15 WHISTLEBLOWER PROTECTINS UNDER THE AMERICANS RECOVERY
AND REINVESTMENT ACT OF 2009 (JUN 2010)
FAR 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER
SUBCONTRACT AWARDS (JUL 2013)
FAR 52.204.14 SERVICE CONTRACT REPORTING REQUIREMENTS (JAN 2014)
FAR 52.207-5 OPTION TO PURCHASE EQUIPMENT (FEB 1995)
FAR 52.209-6 PROTECTINGTHE GOVERNMENTS INTEREST WHEN SUBCONTRACTING
WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR
DEBARMENT (AUG 2013)
FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (MAY
2014) (DEVIATION 1--FEB 2007)
FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT
STATUTES OR EXECUTIVE ORDERS--COMMERICAL ITEMS (JUL 2013)
(ALTERNATE –OCT 2014)
FAR 52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA
OTHER THAN CERTIFIED COST OR PRICING DATA—MODIFICATIONS
(OCT 2010) (ALTERNATE IV—OCT 2010)
FAR 52.216-18 ORDERING (OCT 1995) (DEVIATION II -- FEB 2007)
FAR 52.216-22 INDEFINITE QUANTITY (DEVIATION—JAN 1994)
FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) N/A
FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) N/A
FAR 52.219-13 NOTICE OF SET-ASIDE OR ORDERS (NOV 2011) N/A
FAR 52.219-14 LIMITATIONS ON SUBCONTRACTING (DEC 1996) (CHECK)
FAR 52.219-16 LIQUIDATED DAMAGES—SUBCONTRACTING PLAN (JAN 1999) N/A
FAR 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUN
2013) N/A
FAR 52.222-17 NONDISPLACEMENT OF QUALIFIED WORKERS (MAY 2014)
FAR 52.222-19 CHILD LABOR—COOPERATION WITH AUTHORITIES AND REMEDIES
![Page 18: UNICOM Gov - Special Prime Contract Requirements for ......outside the Greater Washington DC Metropolitan Area (see OMB Bulletin No. 05-02 and code 47900) will be reimbursed to the](https://reader036.vdocuments.us/reader036/viewer/2022070221/6135e2f20ad5d2067647a9b6/html5/thumbnails/18.jpg)
DHS BPA Enterprise Software Solutions Contract Mandatory Flow Downs
Contract Number: HSHQDC-11-A-00042
Use or disclosure of data contained in this page is subject to the restriction on the title page of this proposal.
Last Updated November 24, 2015 18
(FEB 2008)
FAR.222-29 NOTIFICATION OF VISA DENIAL (JUN 2003)
FAR 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)
FAR 52.222-41 SERVICE CONTRACT ACT OF 1965 (MAY 2014)
FAR 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)
N/A
FAR 52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT AND SERVICE
CONTRACT LABOR STANDARDS (MULTIPLE YEAR AND OPTION
CONTRACTS) MAY 2014)
FAR 52.222-50 COMBATING TRAFFICKING IN PERSONS (FEB 2009)
FAR 52.222-51 EXEMPTIOM FROM APPLICATON OF THE SERVICE CONTRACT LABOR
STANDARDS TO CONTRACTS FOR MAINTENANCE, CALIBRATION, OR
REPAIR OF CERTAIN EQUIPMENT—REQUIREMENTS (MAY 2014)
FAR 52.222.53 EXEMPTION FROM APPLICATON OF THE SERVICE CONTRACT LABOR
STANDARDS TO CONTRACTS FROM CERTAIN SERVICES-
REQUIREMENTS (MAY 2014) N/A
FAR 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (AUG 2013)
FAR 52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (DEC 2014)
FAR 52.222-99 ESTABLISHING A MINIMUM WAGE FOR CONTRACTORS (JUL 2014)
(DEVIATION JUL 2014)
FAR 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER
SERVIE AND CONSTRUCTION CONTRACTS (SEP 2013)
FAR 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY
DATA (JAN 1997) (ALTERNATE – JUL 1995)
FAR 52.223-10 WASTE REDUCTION PROGRAM (MAY 2011)
FAR 52.223-13 ACQUISTION OF EPETA®-REGISTERED IMAGING EQUIPMENT (JUN
2014)
FAR 52.223-14 ACQUISITON OF EPETA®-REGISTERED TELEVISIONS (JUN 2014)
FAR 52.223-5 ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (DEC 2007)
FAR 52.223-16 ACQUISTIN OF EPEAT®-REGISTERED PERSONAL COMPUTER
PRODUCTS JUN 2014)
(DEC 2007)
FAR 52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE
AND CONSTRUCION CONTRACTS (MAY 2008
FAR 52.223-19 COMPLIANCE WITH ENVIRONMENTAL MANAGEMENT SYSTEMS (MAY
2011)
FAR 52.227-14 RIGHTS IN DATA--GENERAL (MAY 2014)
![Page 19: UNICOM Gov - Special Prime Contract Requirements for ......outside the Greater Washington DC Metropolitan Area (see OMB Bulletin No. 05-02 and code 47900) will be reimbursed to the](https://reader036.vdocuments.us/reader036/viewer/2022070221/6135e2f20ad5d2067647a9b6/html5/thumbnails/19.jpg)
DHS BPA Enterprise Software Solutions Contract Mandatory Flow Downs
Contract Number: HSHQDC-11-A-00042
Use or disclosure of data contained in this page is subject to the restriction on the title page of this proposal.
Last Updated November 24, 2015 19
FAR 52.232-34 PAYMENT BY ELECTRONIC FUNDS TRANSFER--OTHER THAN SYSTEM
FOR AWARD MANAGEMENT (JUL 2013) (DEVIATION I – FEB 2007) N/A
FAR.232.36 PAYMENT BY THIRD PARTY (MAY 2014) DEVIATION 1 – MAY 2003) N/A
FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS
SUBCONTRACTORS (DEC 2013)
FAR 52.237-3 CONTINUITY OF SERVICES (JAN 1991) (DEVIATION – MAY 2003)
FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
FAR 552.211-15 DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM REQUIREMENTS
(SEP 2004)
FAR 552.211-78 COMMERICAL DELIVERY SCHEDULE (MULTIPLE AWARD SCHEDULE)
(FEB 1996) N/A
FAR 552.212-70 PREPARATION OF OFFER (MULTIPLE AWARD Schedule ) Aug 1997
FAR 552.212-71 CONTRACT TERMS AND CONDITIONS APPLICABLE TO GSA
ACQUISTION OF COMMERCIAL ITEMS (JUL 2003)
FAR 552.212.72 CONTRACT TERMS AND CONDITONS REQUIRED TO IMPLEMENT
STATUTES OR EXECUTIVE ORDERS APPLICABLE TO GSA ACQUISTION
OF COMMERICLA ITEMS (SEP 2003)
FAR 552.215-72 PRICE ADJUSTMENT—FAILURE TO PROVIDE ACCURATE
INFORMATION (AUG 1997) N/A
FAR 552.238-72 IDENTIFICATION OF PRODUCTS THAT HAVE ENVIRONMENTAL
ATTRIBUTES (SEP 2003)
FAR 552.238.76 DEFINITION (FEDERAL SUPPLY SCHEDULES) RECOVERY PURCHASING
(FEB 2007)
FAR 552.238-78 SCOPE OF CONTRACT (ELIGIBLE ORDERING ACTIVITIES) SEP 2008)
FAR 552.238-79 USE OF FEDERAL SUPPLY SCHEDULE CONTRACTS BY CERTAIN
ENTITIES—COOPERATIVE PURCHASING (MAY 2004 (N/A )
FAR 552.238.80 USE OF FEDERAL SUPPLY SCHEDULE CONTRACTS BY CERTAIN
ENTITIES RECOVERY PURCHASING (FEB 2007) (N/A)
FAR 552.232-83 CONTRACTOR’S BILLING RESPONSIBILTIES (N/A)
FAR 52.239-1 PRIVACY OR SECURITY SAFEGUARDS (AUG 1996)
FAR 52.242 13 BANKRUPTCY (JUL 1995)
GSAR 552.203-71 RESTRICTIONS ON ADVERTISING
GSAR 552.212-70 PREPARATION OF OFFER (MULTIPLE AWARD SCHEDULE RESERVED)
GSAR 552.215-71 EXAMINATION OF RECORDS BY GSA ( MULTIPLE AWARD SCHEDULE)
(JUL 2003)
GSAR 552.215-72 PRICE ADJUSTMENT – FAILURE TO PROVIDE ACCURATE
INFORMATION (AUG 1997)
![Page 20: UNICOM Gov - Special Prime Contract Requirements for ......outside the Greater Washington DC Metropolitan Area (see OMB Bulletin No. 05-02 and code 47900) will be reimbursed to the](https://reader036.vdocuments.us/reader036/viewer/2022070221/6135e2f20ad5d2067647a9b6/html5/thumbnails/20.jpg)
DHS BPA Enterprise Software Solutions Contract Mandatory Flow Downs
Contract Number: HSHQDC-11-A-00042
Use or disclosure of data contained in this page is subject to the restriction on the title page of this proposal.
Last Updated November 24, 2015 20
GSAR 552.219-72 PREPARATION, SUBMISSION, AND NEGOTIATION OF
SUBCONTRACTING PLANS (MARCH 2012)
GSAR 552.219-73 GOALS FOR SUBCONTRACTING PLAN (JUN 2005) (ALTERNATE 1 – JUN
2005)
GSAR 552-228-70 WORKERS’ COMPENSATION LAWS (SEP 1999)
GSAR 552.229-71 FEDERAL EXCISE TAX – DC GOVERNMENT (SEP 1999)
GSAR 552.232-23 ASSIGNMENT OF CLAIMS (SEP 1999)
GSAR 552.232-74 INVOICE PAYMENTS (SEP 1999) RESERVE
GSAR 552.232-83 CONTRACTOR’S BILLING RESPONSIBILITIES (MAY 2003) – NO LONGER
ON GSAM
GSAR 552.233-70 PROTEST FILES DIRECTLY WITH THE GENERAL SERVICES
ADMINISTRATION (MAR 2000) RESERVE – NO LONGER ON GSAM
GSAR 552.238-70 IDENTIFICATION OF ELECTRONIC OFFICE EQUIPMENT PROVIDING
ACCESSIBILITY FOR THE HANDICAPPED (RESERVED)
GSAR 552.238-71 SUBMISSION AND DISTRIBUTION OF AUTHORIZED FSS SCHEDULE
PRICELISTS (SEP 1999)
GSAR 552.238-72 IDENTIFICATION OF PRODUCTS THAT HAVE ENVIRONTMENTAL
ATTRIBUTES (SEP 2003)
GSAR 552.238-74 INDUSTRIAL FUNDING FEE AND SALES REPORTING (JUL 2003)
GSAR 552.238-75 PRICE REDUCTIONS (MAY 2004) (ALTERNATE I – MAY 2003)
GSAR 552.238-77 DEFINITION (FEDERAL SUPPLY SCHEDULES) MAY 2003)
GSAR 552.238-79 USE OF FEDERAL SUPPLY SCHEDULE CONTRACTS BY CERTAIN
ENTITIES—COOPERATIVE PURCHASING (MAY 2004)
GSAR 552.243-72 MODIFICATIONS (MULTIPLE AWARD SCHEDULE) JUL 2000)